The following supplementary regulations are applicable to all
districts within the Town of Poestenkill unless otherwise provided
herein.
No nonresidential use shall be permitted that does not conform
to the following standards of use, occupancy and operation, in addition
to all relevant provisions of other local, state and federal laws:
A.
Noise. No noise shall exceed an intensity, as measured from the boundaries
of the lot where such use is situated, of the average intensity, occurrence
and duration of the background noise at the boundaries of said lot.
B.
Atmospheric effluence. Excessive dust, dirt, smoke, odor or noxious
gases beyond levels customarily associated with residential land uses
shall not be disseminated beyond the boundaries of the lot where such
use is located.
C.
Glare and heat. No glare or heat shall be produced that is perceptible
beyond the boundaries of the lot on which such use is situated.
D.
Industrial wastes. No solid or liquid wastes shall be discharged
into any public sewer, common or private sewage disposal system, stream
or on or into the ground, except in strict accordance with the standards
approved by the Rensselaer County Department of Health or other duly
empowered agency.
E.
Radioactivity or electromagnetic disturbance. No activities shall
be permitted which emit dangerous radioactivity beyond the building
in which such activity is located or electrical disturbances adversely
affecting the operation of any equipment, other than that of the creator
of such disturbance.
F.
Fire and explosion hazards. All activities involving, and all storage
of, inflammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion and with adequate
fire-fighting and fire-suppression equipment and devices standard
in the industry. All applicable requirements of the New York State
Uniform Fire Prevention and Building Code, as well as the provisions
of the National Fire Protection Association (NFPA) Code shall be fully
observed. All burning of such waste materials in open fires is prohibited.
G.
Maintenance of developed lots. All open portions of any developed
lot shall have adequate grading and drainage and shall be continuously
maintained in a dust-free condition by suitable landscaping with trees,
shrubs, grass or other plant material or by paving with asphalt, concrete,
crushed rock or by other material as shall be approved by the Planning
Board.
In all districts, at the time any new building or structure
is erected, any existing building or structure enlarged or a new or
changed use of either land or structure established, off-street parking
and loading space shall be provided in accordance with the minimum
standards set forth below.
A.
Required number of off-street parking spaces.
(1)
The required number of off-street parking spaces is as follows:
|
Use
|
Minimum Number of Off-Street Parking Spaces
| ||
|---|---|---|---|
|
Residential uses
| |||
|
Single-family dwelling
|
2 spaces
| ||
|
Mobile home
|
2 spaces
| ||
|
Two-family dwelling
|
3 spaces
| ||
|
Multifamily dwelling
|
1.5 spaces per dwelling unit
| ||
|
Boarding- or rooming house
|
1 space per bedroom
| ||
|
Community residence
|
To be determined by the Planning Board upon recognition of the
project's type and size
| ||
|
General uses
| |||
|
Churches, meeting halls, membership clubs, auditoriums or other
places of public assembly not otherwise specified
|
1 space per 3 seats or 40 square feet of seating area where
fixed seating is not provided
| ||
|
Schools
|
1 space per 12 classroom seats or the auditorium requirements
as specified above, whichever is greater
| ||
|
Cultural facilities (museum, art gallery, library) or institutional/philanthropic
uses
|
1 space for each 300 square feet of gross floor area
| ||
|
Hospital, nursing or convalescent home
|
1 space for each 3 beds
| ||
|
Commercial uses
| |||
|
Funeral home
|
1 space per 5 seats within public room areas
| ||
|
General or professional office
|
1 space per 125 square feet of office floor area
| ||
|
Retail business, store or service shops
|
1 space per 200 square feet of retail/service floor area
| ||
|
Eating and drinking establishments
|
1 space per 3 seats or 50 square feet of floor area available
to patrons, whichever is greater
| ||
|
Accessory uses
| |||
|
Home occupation
|
1 space per 200 square feet of such use, plus 1 space per outside
employee
| ||
|
Recreational uses
| |||
|
Country club
|
To be determined by the Planning Board upon recognition of project's
size and type
| ||
|
Recreational vehicle campground
|
To be determined by the Planning Board upon recognition of project's
size and type
| ||
|
Commercial and recreation facility
|
To be determined by the Planning Board upon recognition of project's
size and type
| ||
|
Day camp or camp for public use
|
To be determined by the Planning Board upon recognition of project's
size and type
| ||
|
Light industrial uses, including public utility or transportation
use
|
1 space per number of employees on largest shift, plus necessary
spaces for visitors and company vehicles
| ||
|
Miscellaneous uses
| |||
|
Kennel
|
1 space per 10 dogs capable of accommodation, plus 1 space per
employee
| ||
|
Animal hospital
|
4 spaces per veterinarian, plus 1 space per employee
| ||
(2)
For uses not specifically listed, the requirement shall be the same as for the most similar use listed as determined by the Planning Board at the time of special use permit and/or site plan review, as provided for in Articles VII and VIII, respectively, of this chapter. Where no standard is established or applicable to a particular situation, the Planning Board, upon application, shall determine the required off-street parking.
(3)
In the case of a combination of uses on a single parcel, the requirement
for off-street parking spaces shall be the sum of the requirements
for the various individual uses, unless it can be established by the
applicant that staggered hours of use would permit reduction of this
requirement.
B.
Design standards for off-street parking spaces.
(1)
Areas which may be considered as meeting off-street parking space
requirements may include a garage, carport or other properly developed
area available for parking, not to include a public street.
(2)
No parking area, with the exception of a driveway, shall encroach
on any portion of a required front yard or within 15 feet of any public
right-of-way; open parking may, however, encroach on a required side
or rear yard within three feet of a property line, except that if
abutting a residential district, a minimum 15 feet of separation shall
be maintained.
(3)
In all districts, each parking space provided shall be at least nine
feet wide and 18 feet in length. Each space shall have direct and
usable driveway access to a public street and adequate maneuvering
area between spaces.
(4)
All parking spaces shall be suitably drained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided by Article VIII of this chapter, with particular consideration given to the number of vehicles accommodated and the intensity of use.
(5)
With the exception of driveways for one- or two-family residences,
all off-street parking areas shall be designed to eliminate the need
to back out onto the public road or highway.
C.
Required off-street loading berths. Off-street loading which is designed logically, conveniently located for bulk pickups and deliveries, scaled to delivery vehicles anticipated, and accessible to said vehicles when required off-street parking spaces are filled, shall be considered for all commercial and light industrial uses and provided as deemed necessary by the Planning Board during site plan review in accordance with Article VIII of this chapter.
[Added 6-17-2021 by L.L. No. 3-2021]
A.
PRIVATE ROAD
RESIDENTIAL DRIVEWAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any entrance or exit used by vehicular traffic to and from
a one- or two-family residence, more than 150 feet in length.
Any entrance or exit used by vehicular traffic to or from
a one- or two-family residence, 30 feet to 150 feet in length.
B.
Before construction of any driveway or private road, the owner of
such property upon which said driveway or private road is to be located
or designee shall cause to be signed and filed with the Poestenkill
Highway Department a form promulgated by such Department which shall
contain contact information and shall acknowledge that the owner and/or
building understands that:
(1)
The Town Highway Department must approve all drainage and culverts.
All culverts shall be of lined plastic and designed for traffic loading.
Thin-walled metal and PVC plastic is not acceptable.
(2)
Initial 10 feet of driveway starting at edge of existing highway
pavement to be constructed with a negative grade away from the edge
of the existing highway pavement.
(3)
Driveway culvert if required shall be a minimum diameter of
15 inches with a minimum of 12 inches coverage.
(4)
Driveways entering from county or state highways need approval
of their respective engineers.
(5)
The applicant will be responsible for any and all damage to
the roadway determined by the Town Superintendent of Highways. The
Town Superintendent of Highways will determine what type of repair
work is to be performed. The cost of this work will be the responsibility
of the applicant.
(6)
By signing such document, the applicant agrees to bear all associated
repair costs or as determined by the Town Superintendent of Highways.
No sign shall be erected, altered, relocated or maintained in
any land use district, except in accordance with the provisions stated
herein.
A.
General standards. Any sign or use of signs, whether permitted, temporary
or directional, shall conform to the following general standards.
All signs:
(1)
Shall at all times be maintained in a proper state of repair in full
compliance with the Building Code, Electrical Code and reasonable
property maintenance standards.
(2)
Shall not attempt or appear to regulate, warn or direct highway traffic
or to imitate or resemble official traffic signs, signals or devices.
(3)
Shall not project over property lines or be located within the public
right-of-way.
(4)
Shall not rotate or otherwise move nor shall be illuminated by or
contain a flashing, intermittent, rotating or moving light or lights.
B.
Temporary signs. The following temporary signs are allowed without
a permit:
(1)
Construction signs, limited to one unlighted sign not exceeding 32
square feet in surface area and identifying the parties involved in
the construction on the premises where the sign is located, but not
including the advertisement of any product. Such signs shall be removed
immediately upon the issuance of a certificate of occupancy and the
initiation of intended use or upon completion of the work, whichever
occurs earlier.
(2)
Event signs, not exceeding 24 square feet in surface area, displayed
on private property and limited to one such event sign per each premises,
announcing a campaign, drive or event of a political, civic, philanthropic,
educational or religious organization, to be removed within a period
of 10 days after the event.
C.
Permitted signs. Upon payment of the required sign permit fee in
accordance with the schedule established by the Town Board pursuant
to Local Law No. 1 of the Year 2003[1] and issuance of a sign permit by the Code Enforcement
Officer, the following signs shall be permitted in accordance with
the identified standards related to number, size and location:
[Amended 2-19-2003 by L.L. No. 1-2003]
(1)
For permitted home occupations, a single sign conforming to the requirements of § 150-28E and identifying the occupation conducted on the premises shall be permitted. Such sign shall be limited to six feet in height, unless attached to the principal structure, and shall not be located closer than 10 feet to the front line nor 20 feet to any other property line.[2]
(2)
For nonresidential uses within the H, R, RA, RR-1 and RR-2 Districts,
a single wall sign not exceeding 24 square feet in total surface area,
except as otherwise stated by this chapter, and identifying only the
name of the establishment and its principal service or purpose shall
be permitted.
(3)
For nonresidential uses within the CLI and NP Districts, a single
freestanding or wall sign not exceeding 48 square feet in total surface
area and identifying only the name of the establishment and its principal
service or purpose shall be permitted. If freestanding, such sign
shall not exceed 20 feet in height above finished grade and be located
no closer than 20 feet to any property line.
(4)
Additionally, businesses and public destinations relating to, but isolated from, primary routes of travel shall be permitted a maximum of two directional signs as a special permit use, subject to the provisions of Article VII of this chapter, the issuance of a sign permit and the following additional requirements:
(a)
In locations with more than one directional sign, all such signs
shall be affixed to a common standard and be graphically coordinated
and arranged so as to present a neat and orderly appearance. Any such
standard shall be designed to accommodate the later addition of further
directional signs.
(b)
No directional sign shall be more than four square feet in area.
In areas with more than one directional sign, the aggregate area of
all such signs shall not exceed 20 square feet.
D.
Sign posting for land use applications.
[Added 3-21-2019 by L.L.
No. 1-2019]
(1)
Title. This subsection shall be cited and may be hereafter referred
to as the "Town of Poestenkill Sign Posting Law for Land Use Applications."
(2)
Legislative authority, intent and purpose. Every application for
the creation, expansion or change of a permitted land use requires
that a public hearing be conducted to afford to potentially impacted
residents and property owners the opportunity to be heard and to express
their support, opposition and/or concerns regarding the proposed action.
However, the mandated publishing of a legal notice in the designated
newspaper of the town is by itself often insufficient to accomplish
this objective. Accordingly, it is the intent and purpose of this
subsection to direct that additional public notice of any such pending
land use application be given by posting directly upon the affected
premises a sign setting forth in a clear and concise manner the nature
and purpose of the proposed application.
(3)
Sign requirements and posting instructions for land use applicants.
Any applicant for an area or use variance, subdivision approval, site
plan approval, rezoning or other land use or activity for which municipal
approval by the Town of Poestenkill is required shall comply with
the following requirements for the posting of a sign notifying the
public of the nature and purpose of the pending application.
(a)
An appropriate sign or signs must be posted on the site no later
than seven days prior to the assigned initial public hearing date
to notify the public as to the identity of the applicant, the relief
sought and the improvements and/or use proposed by the applicant.
(b)
All signs shall meet the following requirements:
[1]
The sign may be obtained by the applicant from the Town of Poestenkill
or the applicant may create their own sign, which sign shall be at
least 24 inches wide and 24 inches high.
[2]
The notice on said sign shall be legible, and shall read as
follows:
|
PUBLIC NOTICE
|
|
An application has been made for a (type of application e.g.,
area variance, subdivision, etc.) at this location by (Name, address).
|
|
A PUBLIC HEARING BEFORE THE POESTENKILL ____________
|
|
BOARD HAS BEEN SCHEDULED FOR ______ PM ON THE ______DAY OF ____________,
20 _____ AT 38 DAVIS DRIVE, POESTENKILL, NEW YORK
|
|
FOR FURTHER INFORMATION, VISIT
|
|
WWW. TOWNOFPOESTENKILLNY. ORG
OR CONTACT THE TOWN HALL AT (518) 283-5100.
|
[3]
The sign shall be placed in a location plainly visible from
a public road upon which the property fronts and shall be maintained
until such time as the public hearing is concluded.
[4]
The sign shall be placed no more than five feet back from the
property line.
[5]
The sign shall not be placed in the Town's highway right-of-way.
[6]
The base of the sign shall not be placed more than five feet
above ground nor lower than one foot above ground.
[7]
If the subject premises has no road frontage and/or if there
exist other circumstances which prevent placement as hereinabove provided,
then the sign shall be located in such location as may be established
by and in the sole discretion of the Town Code Enforcement Officer
so as to optimize the visibility of said sign to the public.
(c)
In the event of any continuation of the initial public hearing,
the applicant is required to place each new public hearing date on
the sign. All signs must be removed within 48 hours after the appropriate
board makes a determination on the application.
(d)
The sign and notice affixed thereto must remain in place throughout
the duration of the application.
(e)
Any sign required by this subsection shall be exempt from the
sign permit fee otherwise required by the Town Code.
A.
In any residential or commercial district, fences and walls shall
not exceed six feet in height when erected in side or rear yards nor
four feet in height when erected within 25 feet of the front lot line
or highway right-of-way.
B.
In the Commercial/Light Industrial District, fences and walls shall
not exceed eight feet in height, except that on a residential district
boundary line such fences or walls shall be limited to six feet in
height.
C.
The yard requirements of this chapter shall not apply to any fence,
wall or hedge allowed by the Town, provided that in any residential
district such fence, wall or hedge shall be no closer to any front
lot line than two feet and shall comply with visibility at street
corners as provided below.
D.
On a corner lot in any district, no fence, wall, hedge or other structure
or planting more than three feet in height shall be erected, placed
or maintained which obstructs visibility of vehicular traffic within
the triangular area formed by the intersection street right-of-way
lines and a straight line joining said lines at points 50 feet distant
from the point of intersection, measured along said lines.
F.
Fences and walls for the special purposes listed below shall be permitted
as follows but shall not be located within any portion of the required
front yard or within 20 feet of any lot line:
|
Use
|
Limitation
| |
|---|---|---|
|
Tennis court
|
Chain-link fence permitted up to 12 feet in height
| |
|
Dog enclosure
|
Chain-link or open mesh fence permitted up to 6 feet in height.
The area enclosed must not exceed 20% of the property or 10,000 square
feet, whichever is greater
|
In order to ensure that natural resource extraction and mining operations can be compatible with the land uses of surrounding district(s), all new operations and expansions of existing mining operations into any district other than an NP District, unless otherwise stated in Article X, shall be subject to rezoning and the regulations found in Article X, Article VII and Article XV of this chapter.
In order to preserve the open character along major streams for environmental and ecological reasons, all development proposed within 100 feet of the normal stream bank of any classified stream within the Town or within 100 feet of the boundary of a freshwater wetland as mapped by the New York State Department of Environmental Conservation shall be subject to special permit review as provided by Article VII of this chapter.
Agriculture, as specifically defined in Article II of this chapter, shall be permitted in all land use districts, provided that the following criteria are met:
A.
Buildings or structures for permitted fowl or livestock shall be
located not less than 50 feet from any lot line nor, except in the
RA District or where the farm operation precedes the residential use,
within 200 feet of the nearest neighboring residential structure.
No fenced area for such fowl or livestock, except in the RA District,
shall be closer than 100 feet to an existing residential structure.[1]
B.
The storage of manure or other dust- or odor-producing substances
shall be adequately screened from the view of adjacent properties
and located not less than 100 feet from any lot line, stream or other
water body or well providing a source of potable water nor within
200 feet of the nearest neighboring residential structure.
The keeping of animals on nonfarm parcels at least two acres
in size and up to 10 acres in size shall be permitted in accordance
with the following limitations:
A.
The keeping of not more than one adult or fully grown horse, cow,
beef cattle, sheep, goat or other four-legged domestic-type farm animal
or combinations thereof per acre of land shall be permitted.
B.
In addition, the keeping of not more than a total of any combination
of 12 adult or fully grown chickens, ducks, geese or other fowl or
birds of any type per acre of land shall be permitted.
C.
In all instances, all animals shall be adequately housed, fenced
and otherwise maintained in a sanitary and safe manner so as, on the
finding of the Code Enforcement Officer, not to create a nuisance,
health or safety hazard to nearby property, property owners or inhabitants
of the neighborhood or the animals themselves.
D.
A special use permit shall be required for such activity in the R, RR-1 and CLI Districts in accordance with Article VII of this chapter.
E.
The setback requirements for building structures and storage cited within § 150-25, Agriculture, of this article shall be fully observed.
F.
Notwithstanding the provisions of Subsection D, residents in all zones shall not be required to obtain a special use permit to keep up to six chickens who are not roosters in an enclosed coop of not more than 144 square feet, including a pen placed with a front setback of 50 feet and side and rear setbacks of 25 feet.
[Added 8-16-2018 by L.L.
No. 2-2018]
Roadside stands shall be permitted in the H, R, RA, RR-1 and
RR-2 Districts, provided that:
A.
Such stand is located not less than 25 feet from any street line;
except in the H District, where 10 feet shall be the required front
setback.
B.
Such stand is solely used for display and sale of agricultural products
grown exclusively on the premises or elsewhere by the operator of
the roadside stand.
In any district, home occupations, as defined in Article II of this chapter, shall additionally conform to the following use limitations:
A.
A home occupation may only be conducted within a dwelling which is a bona fide residence of the principal practitioner of the occupation or in an accessory building thereto which is normally associated with the residential use. For purposes of this chapter, a home occupation occurring fully within the dwelling shall be considered a permitted Class 1 home occupation; those home occupations occurring in an accessory building shall be considered Class 2 home occupations, which may only be authorized by special use permit in accordance with Article VII of this chapter.
C.
The home occupation activity, whether located in the dwelling or
in a customary accessory structure, shall occupy no more than 25%
of the gross floor area of the dwelling or 500 square feet, whichever
shall be more restrictive.
D.
Except for articles produced on the premises, no stock-in-trade shall
be displayed or sold on the premises.
E.
No alteration to the exterior of the principal residential building
shall be made which changes the character thereof as a dwelling, except
that a single sign, not exceeding three square feet per side in area,
or, in the case of a single-sided sign (e.g., wall-mounted), the total
area shall not exceed six square feet.
F.
No outdoor display of goods or outdoor storage of equipment or materials
used in the home occupation shall be permitted.
G.
Not more than two persons other than members of the household occupying
such dwelling shall be employed in the conduct of the home occupation.
H.
There shall be permitted no sharing, letting or subletting of space
for use by others in the conduct of their profession, trade or business.
[Added 4-15-2021 by L.L. No. 2-2021]
A.
The Town of Poestenkill recognizes the tradition of wood operations
and forestry in the Rensselaer Plateau section of the Town, and also
recognizes that several commercial wood operations have been in operation
in violation of the land use regulations. Those in existence in the
R, RA, RR-1, RR-2 and CLI Zones prior to the enactment of the Wood
Operations Law and have never defied a duly served and posted cease-and-desist
order under the former ordinance are to be grandfathered in. Other
commercial wood operations that are not grandfathered or are expanded
beyond their grandfathered use or are created after the enactment
of this law shall require a special use permit.
B.
In granting a special use permit to allow a commercial wood operation,
the Planning Board shall impose conditions concerning:
(1)
Setbacks for structures, materials and equipment from property
boundaries and public thoroughfares and from rights-of-way as well
as natural and man-made barriers to restrict access so they shall
conform to the District Schedule of Area and Bulk Regulations[1] for primary structures;
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
Dust control and hours of operation;
(3)
Prohibition of use for sharing, letting or subletting of space
by anyone other than the permittee;
(5)
The location, nature and height of buildings, walls and fences,
as well as the nature and intensity of intended operations, so they
do not discourage permitted development and use of adjacent land and
buildings, or impair the value thereof;
(6)
Accessibility to buildings, structures, equipment and/or material
for fire and police protection; and
(7)
The limiting of notice of such use to a single sign which conforms
to code, as well as the display or sale of stock-in-trade articles
produced on premises.
C.
In granting or denying a special use permit to allow a commercial
wood operation, the Planning Board may impose conditions that:
(1)
Require screening;
(2)
Set hours of operation;
(3)
Assure the character and appearance of the proposed use, building,
structure and/or outdoor sign shall be in general harmony with the
character and appearance of the surrounding neighborhood; and
(4)
Assure the use is not more objectional to nearby properties
by reason of noise, fumes, vibration or lights than other permitted
uses of the property.
Any enclosed or unenclosed commercial or light industrial use
permitted by this chapter shall be provided with the minimum required
yard area and a fence, screen and/or landscaping sufficient to obscure
to the extent possible objectionable aspects of such use from view
from adjoining properties in residential districts and/or from public
rights-of-way.
A.
Any use which is not conducted within a completely enclosed building,
including but not limited to storage yards and parking lots, and which
use abuts, is adjacent to or located within a residential district
or fronts a public right-of-way shall be obscured to the extent possible
from view from such residential districts and public rights-of-way
in an effective manner.
B.
Adequate plans for the installation of required fences, screens and landscaping shall be reviewed by the Planning Board in accordance with the provisions of Article VIII of this chapter.
C.
Any required fences, screens and landscaping installed in accordance
with this article shall be maintained in good order to achieve the
objectives of this article. Failure to maintain fencing or to replace
dead or diseased landscaping shall be considered a chargeable violation
of this chapter.
The Planning Board of the Town of Poestenkill is authorized,
simultaneously with the approval of a plat or plats pursuant to Article
16 of the Town Law of the State of New York, to modify applicable
provisions of this chapter subject to the conditions set forth in
§ 278 of said Town Law and those further requirements set
forth below:
A.
The average residential density throughout the plat shall not exceed
the maximum density permitted for the land use district in which the
plat is located. When calculating the permitted maximum density, only
those portions of the site which are developable shall be considered.
Undevelopable lands include existing streets, lands which are under
easement or are otherwise dedicated, designated wetlands, slopes in
excess of 15% and water bodies.
B.
Where central water supply and common sewage disposal facilities
are provided, they shall be provided in accordance with the requirements
of the Town of Poestenkill, the Rensselaer County Health Department
and the New York State Department of Environmental Conservation.
C.
While either attached, semidetached or detached dwelling units are
permissible, no individual structure shall contain more than six attached
units. Minimum required side yards shall be provided at the ends of
said structure.
D.
Maximum height shall be restricted to 35 feet, as otherwise applicable
within all land use districts within the Town of Poestenkill.
E.
Common open space totaling not less than 25% of the total development
site shall be provided in perpetuity.
F.
A homeowners' association, or similar mechanism, for the long-term
ownership and maintenance of common open space shall be provided,
subject to approval of the Town Planning Board. Provisions satisfactory
to the Town of Poestenkill shall also be made for the long-term ownership
and maintenance of roadways, drainageways and other features.
No person shall undertake to construct any new building or structure
in the Town of Poestenkill without first meeting the requirements
for a system or facilities for the separate disposal of sewage, domestic
or trade wastes in accordance with applicable regulations of the Town,
the Rensselaer County Department of Health and other governmental
authorities.
To the extent practicable, and in accordance with Chapter 742
of the Laws of 1979,[1] the accommodation of solar energy systems and equipment
and the protection of access to sunlight for such equipment shall
be encouraged in the application of the various review and approval
provisions of this chapter.
[1]
Editor's Note: See § 263 of the Town Law.
No dump, landfill, septage disposal site or other disposal area
shall be permitted within the Town of Poestenkill, except where leased,
owned and operated by the Town of Poestenkill, whether operated through
its own forces or on a contract basis.
[Amended 2-19-2003 by L.L. No. 1-2003]
A.
Use of land for oil and gas removal and by-products shall be conducted in conformity with all required standards for issuance of a permit for such activity by the New York State Department of Environmental Conservation and shall be subject to the special use permit procedure provided by Article VII of this chapter.
A.
Guidelines
for siting of mobile homes in the Town of Poestenkill shall be as
follows:
(1)
The mobile home shall be demonstrated, to the satisfaction of the
Code Enforcement Officer, to have been constructed in accordance with
the 1976 federal regulations for mobile homes and shall meet current
requirements stated within the New York State Uniform Fire Prevention
and Building Code for one- and two-family dwellings, including factory-manufactured
homes.
(2)
The mobile home is sited according to the following foundation requirements:
(a)
The subgrade shall be graded to level.
(b)
There shall be 18 inches of well-tamped, clean bank-run gravel.
(c)
The concrete slab shall be a minimum of four inches thick; haunched
on perimeter eight inches above grade, six inches below grade, 14
inches total depth; reinforced with six-by-six 10/10 welded wire mesh
(wwm) for the entire area of the slab, and two No. 4 bars, continuous
around the perimeter of the mobile home; may be sited on a concrete
foundation, either poured or block, with minimum footings of a dimension
18 inches by 18 inches at a minimum of 48 inches below ground level
supporting a minimum eight-inch wall.
(d)
Anchor bolts shall be provided with a minimum of eight feet
on center and at corners, or as required to match hold-down points
on the mobile home.
(e)
Hold-down points on the mobile home should be connected to anchor
bolts with one-half-inch steel braided cable or three-fourths-inch
turnbuckles.
(3)
Water supply and sewage disposal systems shall be installed in full
conformance with the requirements of the Town of Poestenkill and the
Rensselaer County Health Department, and a certificate to that effect
shall be provided from the Town of Poestenkill and/or the Health Department
prior to the issuance of a certificate of occupancy by the Code Enforcement
Officer.[1]
(4)
Any modifications or additions to the mobile home shall be in conformance
with New York State Uniform Fire Prevention and Building Code and
applicable provisions of this chapter.
B.
Temporary mobile homes. The Code Enforcement Officer may issue a temporary siting permit and certificate of occupancy in any land use district of the Town for a mobile home or travel trailer on a parcel of land for a limited period of time during the construction or reconstruction of a dwelling on that parcel. For such a temporary permit, strict adherence to the requirements of § 150-35A above shall not be required, but the following conditions shall apply:
[Added 6-12-1997 by L.L. No. 3-1997]
(1)
The permit may be issued only to the owner of the parcel.
(2)
The owner of the parcel must hold a valid building permit issued
by the Code Enforcement Officer for construction or reconstruction
of a dwelling on that parcel for his/her own occupancy.
(3)
The dwelling under construction or reconstruction must be unoccupied.
(4)
The duration of the permit may be for a period of up to one year.
It may be extended for a period not to exceed one additional year
by action of the Zoning Board of Appeals if, in that Board's opinion,
unusual extenuating circumstances have been shown to exist.
(5)
The mobile home or travel trailer used must be connected to an approved
existing water supply and septic system on the parcel. It must also
meet Fire and Building Code requirements determined by the Code Enforcement
Officer to be the minimum necessary for public safety.
(6)
The mobile home or travel trailer must be removed from the premises
upon the expiration of the permit or completion of construction or
reconstruction of the dwelling, whichever shall first occur.
A.
Purpose
and description.
(1)
The
purpose of the accessory family dwelling unit concept (frequently
called "granny pods") is to provide Poestenkill residents with an
alternative to skilled nursing home care, assisted living or other
less desirable approaches for those family members who desire to live
independently, while at the same time being close to other family
members who can care for them.
(2)
The
accessory family dwelling unit is a residence where the unit may have
a separate kitchen, bathing and sleeping area, and may use the primary
residence's utilities (heat, electricity, water and sewage), provided
the utilities are adequate. The unit shall have a maximum of 625 square
feet of living space. These units are allowed after adequate proof
of a family relationship or caretaker to the primary resident is shown.
Except for the sharing of utility costs, there can be no compensation
or rent for these units. The principal structure and the proposed
accessory family dwelling unit combined must meet the requirements
of Schedule of Bulk and Area Regulations and the District Schedule
of Use Regulations included at the end of this chapter.
B.
Requirements.
The following shall be required:
(1)
All
federal, New York State , Rensselaer County and Town of Poestenkill
codes must be met (building, health, fire, etc.).
(2)
A
permit may be issued only to the owner of the parcel, and the unit
must be owned by the owner of the parcel, or in the instance of the
owner renting the unit, then the owner of the parcel must be the renting
individual.
(3)
The
unit may only be utilized by a family member or caregiver.
(4)
The
unit may not be rented out and must be occupied by the family member
or caregiver.
(5)
The
unit may not be located on vacant land.
(6)
The
unit must be a single-story structure.
(7)
The
structure shall share a common driveway with the principal structure.
(8)
As
an alternative to a prefabricated unit, the owner or the owners may
construct a unit, provided that the unit meets all of the provisions
detailed herein.
(9)
The
unit exterior is not to be modified without Planning Board approval,
and any interior modifications will require a building permit and
be subject to inspection and approval by the Code Enforcement Officer.
(10)
The structure is not to be subdivided from the main parcel which
the primary residence occupies.
C.
Upon satisfactorily
meeting all requirements, the Code Enforcement Officer may issue a
certificate of occupancy (CO) for the unit, stating the limitation
that the unit may only be occupied by the family member or the caregiver.
The unit will be classified as an "accessory family dwelling unit."
D.
If the
family member no longer occupies the unit, it is the responsibility
of the owner to notify the Town and apply for a new CO.
E.
In the
event that the primary residence is transferred to a new owner, the
new deed and sales contract must contain the information specified
herein, specifically detailing the limitations of the accessory family
dwelling unit.
The building and the use conducted therein shall comply with
applicable federal, state and local regulations.
